Home Buying in Redlands>Question Details

First Time H…, Home Owner in Redlands, CA

Listing agent won't list the home as pending, even though we have been in escrow for more than 5 days. Is this a problem?

Asked by First Time Home Owner, Redlands, CA Sat Jan 14, 2012

Our agent has reached out to them and asked for the home to be listed as pending, but it still has not happened.

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Answers

19
Do you have Escrow Instructions already? If so, have your agent contact the Board of Realtors and get it moved to pending.

There should be no reason to keep it active unless it was contingent upon the sale of your existing property...
2 votes Thank Flag Link Mon Jan 16, 2012
Some people are just lazy . . . . .
1 vote Thank Flag Link Wed Jan 18, 2012
Worried,

There could be any number of reasons(excuses) for this but you may consider bringiing it to the attention of the agents manager/broker.

Do you have any unusual contingencies in your agreement? From time to time, sellers and their agent will drag their feet when unusual contingencies are involved.

A call to the broker should clear things up for you.

Good luck,

Bill
1 vote Thank Flag Link Sat Jan 14, 2012
I have had an agent do this before and didn't respond to my requests to mark it pending, so I called the agents Broker and requested it and it got done. Your agent can also report it to the local Board of Realtors. Our Board will give the agent a warning notice and will fine them if they do not do it within so many days. It should only be marked pending if you have an executed contract signed by both buyer and seller.
1 vote Thank Flag Link Sat Jan 14, 2012
This is not typical. My stron suggestion is to contact the listing agent's broker. Call that agen'ts company office and ask for the broker. If that gets you no results, then compalin to their real estate association.
0 votes Thank Flag Link Sun May 13, 2012
Hello everyone, just a quick note to up date everyone. We got the home and we are enjoying being first time home buyers. Could not have done it without the amazing support you gave us and a BIG SPECIAL thanks to our lender (Gregorio Denny) whom we met through here for his AMAZING ROLE in helping us close.
0 votes Thank Flag Link Sun May 13, 2012
I don't know the specific rules for your local MLS system, but typically the listing agent is required to note the property as either Pending or contingent or Active taking Back-ups within 48 hours of a contract being signed.

I would suggest having your buyer broker call the Broker in Charge of the company the listing agnet works for and asking them nicely to look into it and update the local MLS appropriately.

Bear in mind the home may be under contract but you have contingencies (insepctions, financing etc) and until you've removed them the Seller isn't certain your deal will close. Given the market they may be instructing their agent to leave it as active, though this isn't truly the case.

I'm sure things will turn out OK, and I wish you all the best in your first home.
0 votes Thank Flag Link Wed Jan 18, 2012
A lot depends on the rules of your MLS
Your Agent should be able to resolve it.

The Seller's Agent may be trying to protect the Seller's interests by perhaps seeking back up offers if this falls apart.
0 votes Thank Flag Link Wed Jan 18, 2012
Hello everyone,

The home listing is now showing pending. Yeahhhhhh!!!!! :)


Thanks for all the comments,
0 votes Thank Flag Link Wed Jan 18, 2012
@ Micki

No the seller is not the listing agent, but he is a realtor himself. I guess I am concerned that by not listing it as pending they are keeping their options open for other buyers. Which I just don't think it's fair, while we are putting money forward on inspections, appraisals etc. the home continues to be listed. I have talked to my agent and broker of my agent, They don't think I should be worrying as much, though our realtor did call and request that the home be placed on a pending status. Also for me it's just a matter of knowing that for our first home we'll have pictures of it saying pending, then sold etc., I am the sentimental type, everything single detail is important. Yet, we are moving forward.

@ Kevin

Yes, we are working through reading them (I feel so lost reading it). We have paid for escrow, and we are in that "17 day" period where we do all of the inspections, appraisals etc., on the home. Inspection was done last Saturday, working out the repairs list to send back to seller. We are currently renting so, can't say that they are waiting for our place to sell.

In hopes of having the status changed I contacted the broker without letting him know who I was, and he emailed back saying that he would change the status by the end of the day. It didn't happened. I also noticed he had forward his response along with my request to the seller. Just weird to me, that they wouldn't change it.

Hope that answers your questions.
0 votes Thank Flag Link Tue Jan 17, 2012
So the seller is the listing agent? Again, I wouldn't worry too much about it as long as you are continuing with your inspections and your loan is going along smoothly, etc...I'm getting the feeling that you may be concerned that the seller will get a higher offer price and back out of the deal with you. If this is correct and you haven't communicated this concern to your agent, please do, so that your agent can call the broker of the other agent just to make they are aware of the situation. Keep moving forward, make sure you are meeting your contingency time frames and your loan officer is keeping everyone up to date on your loan status and you should be fine.

All my best,
Micki
0 votes Thank Flag Link Mon Jan 16, 2012
@ Micki,

The home is standard sale. But the seller is a realtor himself and flipped the house and is now selling it.
0 votes Thank Flag Link Sun Jan 15, 2012
Worried,
I wouldn't be too concerned if I were you as you are in escrow and you are moving forward with your inspections and such. But as an agent who works with buyers this is more than annoying and is indeed misleading. What usually makes it worse is an agent who won't return calls for status. When I come across something like this and I finally do get ahold of the agent I remind them that they might want to change status to reflect the pending sale. Doesn't always work, but I try.

By any chance is this a short sale?
Like George pointed out, if they are worried about fall-out then they should put it back up status, but I know that some agents don't do that because when buyers agents are searching for properties they don't look at homes in "Back Up", only active. So they may be leaving it active for that reason.
If it still concerns you then go ahead and have your agent contact the broker to have it changed. Doesn't mean they will, but at least you know you've tried. Otherwise, just keep moving forward on your end and meet your contingencies and you should be fine.

Best of luck!
-Micki
0 votes Thank Flag Link Sun Jan 15, 2012
call the local board-this is a violation usually
Web Reference: http://www.wiestrealty.com
0 votes Thank Flag Link Sun Jan 15, 2012
@ Bill no contingencies, we just did home inspection today.

@ George not listing the property as pending is misleading. Our agent has contacted the sellers agent several times, and nothing has been done. We were told that it is the responsibility of the selling agent, they are the only ones that can go in the MLS and change the listing from active to pending.
0 votes Thank Flag Link Sat Jan 14, 2012
George.....Really??????????????
Web Reference: http://www.321property.com
0 votes Thank Flag Link Sat Jan 14, 2012
Dear Worried,
I don't see any problem with that!!! In today's market, when a listing agent receives an offer on a home, in some cases, something happened during the transaction and the offer wouldn't go through, for several reasons. Therefore, I wouldn't blame the listing agent for not changing it to "Pending", but he/she could change it to "Backup", instead. In this case, he can always entertain other offers from other buyers.
0 votes Thank Flag Link Sat Jan 14, 2012
if you have put up money at any point. then he should change the status to pending. we are dealing with the same thing. i put money down. alot of OUR money. Earnest money at that. they should CHANGE it to PENDING. PERIOD. we are giving it till next week since OUR MONEY was just withdrawn out of or account.
Flag Fri May 1, 2015
Tammy,

We have both signed and we have been in escrow, and we are having our home inspection today. The home still shows as active. Our agent isn't concerned, and I feel like I should not be concerned because she isn't. Yet, I am concerned.
0 votes Thank Flag Link Sat Jan 14, 2012
I have an an agent do this before and didn't respond to my requests to mark it pending, so I called the agents Broker and requested it and it got done. Your agent can also report it to the local Board of Realtors. Our Board will give the agent a warning notice and will fine them if they do not do it within so many days.
0 votes Thank Flag Link Sat Jan 14, 2012
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